DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "11B" in the majority of the figures and "13B" in figure 7 have both been used to designate the first flange. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2 and 5-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hayashi (JP-2019073184-A).
Hayashi discloses a vehicle seat with a lift mechanism.
Claims 1 and 5 – Hayashi teaches a vehicle seat (figure 1) including a cushion frame (element 20 in figure 2) and a back frame (element 3 in figure 1) that form a framework of the vehicle seat, the back frame being coupled to a rear end part of the cushion frame (figure 1),
the cushion frame comprising:
a first side frame (element 30R in figure 2) arranged on a first end side in a seat-width direction, the first side frame extending in a seat front-rear direction (figure 2);
a second side frame (element 30L in figure 2) arranged on a second end side in the seat-width direction, the second side frame extending in the seat front-rear direction (figure 2);
a first coupling member (element 22 in figure 2) extending in the seat-width direction, the first coupling member coupling a front-side part of the first side frame and a front-side part of the second side frame to each other (figure 2);
a second coupling member (element 23 in figure 2) extending in the seat-width direction, the second coupling member coupling a rear-side part of the first side frame and a rear-side part of the second side frame to each other (figure 2); and
a reinforcing frame (element 80 in figure 2) fixed to the first side frame, the reinforcing frame reinforcing the first side frame (figure 2),
wherein, in the cushion frame, when a center of the first coupling member projected onto an imaginary plane perpendicular to the seat-width direction is referred to as a first center, a center of the second coupling member projected onto the imaginary plane is referred to as a second center, and a midpoint between the first center and the second center is referred to as a center point, a front end of the reinforcing frame projected onto the imaginary plane is located frontward of the center point (figure 2), and at least part of the second coupling member projected onto the imaginary plane overlaps with the reinforcing frame projected onto the imaginary plane (figure 2).
Claims 2 and 6 – Hayashi teaches the first coupling member and the second coupling member are each rotatably coupled to the first side frame and to the second side frame (“front collar 43L is rotatably assembled at the front end side of the left side frame 21L, and the rear collar 44L is rotatably assembled at the rear end side of the left side frame 21L” is explained in paragraph 21 of the Description of Embodiments section which teaches a collar at the end of elements 22 and 23 in figure 2 which provides their rotatability. Paragraph 29 describes the same functionality using collars but for the opposite side frame),
wherein the vehicle seat includes a lifter device (figures 3 and 4) configured to displace a seat cushion including the cushion frame,
wherein the lifter device includes:
a first lifter link (element 45R in figures 3 and 4) configured to rotate integrally with the first coupling member, the first lifter link extending in a direction perpendicular to a longitudinal direction of the first coupling member (figures 3 and 4);
a second lifter link (element 46R in figures 3 and 4) configured to rotate integrally with the second coupling member, the second lifter link extending in a direction perpendicular to a longitudinal direction of the second coupling member (figures 3 and 4);
a sector gear (element 60 in figure 4) configured to rotate integrally with the second coupling member (figure 4); and
an electric motor (element 50 in figure 3) arranged on a side opposite where the sector gear is located (figure 2), with the first side frame interposed therebetween (figure 2), the electric motor being configured to generate a driving force to rotate the sector gear,
wherein, in the vehicle seat, the reinforcing frame is arranged between the first side frame and the sector gear (figure 4), and
wherein the reinforcing frame is provided with a displacement restricting part (element 70 in figures 5 and 6) protruding toward the sector gear to restrict the sector gear from being displaced beyond a predetermined position (figure 6).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 3-4 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Hayashi (JP-2019073184-A) in view of Toyoshima (US-12005815-B2).
Toyoshima discloses a vehicle seat with a lift mechanism.
Claims 3 and 7 – Hayashi teaches the cushion frame further includes:
a first flange provided on a first end part, in an up-down direction, of the first side frame, the first flange protruding from the first end part in the seat-width direction (top of element 21R in figure 7); and
a second flange provided on a side opposite, in the up-down direction, where the first flange is located, the second flange protruding from said part in the seat-width direction (bottom of element 21R in figure 7),
wherein, in the cushion frame, when a position where the electric motor is fixed to the first side frame is referred to as a motor fixing position, the motor fixing position projected onto an imaginary horizontal plane is located inside an outer edge of the second flange projected onto the imaginary horizontal plane (figure 7).
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Image 1
Hayashi does not teach the second flange is provided on a part of the reinforcing frame. Toyoshima teach the first flange (element C in Image 1 above) is part of the first side frame (element A in Image 1 above) and the second flange (element D in Image 1 above) is provided on a part of the reinforcing frame (element B in Image 1 above).
It would have been obvious to one of ordinary skill in the art to have the second flange of Hayashi protrude off of the reinforcing frame rather than protruding off of the bottom of the first side frame, as taught by Toyoshima, in order to accommodate a greater stress from the motor movement since it has been held that rearranging parts of an invention involves only routine skill in the art.
Claims 4 and 8 – Hayashi does not teach the second flange protrudes in a direction opposite to a protruding direction of the first flange.
Toyoshima teaches the second flange protrudes in a direction opposite to a protruding direction of the first flange (Image 1 above).
It would have been obvious to one of ordinary skill in the art to have the second flange of Hayashi protrude in a direction opposite the first flange, as taught by Toyoshima, so the stiffness can be ensured effectively, since it has been held that rearranging parts of an invention involves only routine skill in the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TROY A LIBBY whose telephone number is (571)272-6676. The examiner can normally be reached Mon - Fri; 7:30 AM - 2:30 PM EST.
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/T.A.L./Examiner, Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636
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